Memo

BILL NUMBER:S5091

TITLE OF BILL: An act to amend the retirement and social security law, relating to an optional twenty-year retirement plan for members of the New York state and local police and fire retirement system and to amend chapter 504 of the laws of 2009, amending the retirement and social security law relating to police and fire retirement provisions

PURPOSE: To ensure all firefighters in NYS are treated equally as it pertains to the enactment of the 2003 Tier V legislation

SUMMARY OF PROVISIONS: Amends retirement and social security law by adding a new section 334-f to grant professional firefighters not subject to a collective bargaining agreements the same rights as those subject to collective bargaining agreements with respect to electing an optional retirement plan pursuant to RSSL Section 384-d.

JUSTIFICATION: In 2009 the legislature passed a new tier V pension bill for public employees Tier V placed firefighters hired after January 2010 into the tier V plan. Those firefighters hired between July 1, 2005 and the effective date of Tier V (January 9, 2010) working under a current collective bargaining agreement were provided the opportunity to elect or remain in a non-contributory twenty year plan until the expiration of their respective contracts. This same protection was not afforded firefighters working without a collective bargaining agreement, For example, Buffalo professional Firefighters have operated honorably without a new collective bargaining agreement since 2001.

This bill would afford the same opportunities to such professional firefighters as those working pursuant to a collective bargaining agreement. This bill would not apply to any member in Tier VI.

LEGISLATIVE HISTORY: none

FISCAL IMPLICATIONS: See fiscal note

EFFECTIVE DATE: This act shall take effect immediately

Text

STATE OF NEW YORK
________________________________________________________________________
5091
2013-2014 Regular Sessions
IN SENATE
May 8, 2013
___________

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, relating to an
optional twenty-year retirement plan for members of the New York state
and local police and fire retirement system and to amend chapter 504
of the laws of 2009, amending the retirement and social security law
relating to police and fire retirement provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 384-f to read as follows:
S 384-F. OPTIONAL TWENTY-YEAR RETIREMENT PLAN FOR MEMBERS OF THE NEW
YORK STATE POLICE AND FIRE RETIREMENT SYSTEM. A. NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CODE TO THE CONTRARY,
ANY MEMBER OF THE NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM WHOSE
MEMBERSHIP IN SUCH RETIREMENT SYSTEM COMMENCED BETWEEN JULY FIRST, TWO
THOUSAND NINE AND MARCH THIRTY-FIRST TWO THOUSAND TWELVE AND IS NOT
SUBJECT TO THE TERMS OF AN AGREEMENT AS DEFINED BY SUBDIVISION TWELVE OF
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW, MAY ELECT TO CONTRIB-
UTE TO SUCH RETIREMENT SYSTEM PURSUANT TO SECTION THREE HUNDRED EIGHTY-
FOUR-D OF THIS TITLE, IF HIS OR HER EMPLOYER HAS PREVIOUSLY ELECTED TO
MAKE THE BENEFITS OF SECTION THREE HUNDRED EIGHTY-FOUR-D OF THIS TITLE
AVAILABLE TO ITS MEMBERS.
B. ANY MEMBER WHO ELECTS TO CONTRIBUTE PURSUANT TO THIS SECTION SHALL
NOT BE REQUIRED TO MAKE CONTRIBUTIONS PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER OR SECTION TWELVE HUNDRED FOUR OF THIS CHAPTER.
C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF SECTION THREE
HUNDRED EIGHTY-FOUR-D OF THIS TITLE ANY MEMBER WHO SEEKS TO ELECT TO
CONTRIBUTE PURSUANT TO THIS SECTION MAY DO SO WITHIN SIX MONTHS AFTER
THE MEMBER BECOMES A MEMBER OF SUCH RETIREMENT SYSTEM, OR WITHIN SIX
MONTHS AFTER HIS OR HER EMPLOYER ELECTS TO MAKE THE BENEFITS OF SECTION

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10850-01-3

S. 5091 2

THREE HUNDRED EIGHTY-FOUR-D OF THIS TITLE AVAILABLE TO ITS MEMBERS; OR
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
S 2. Part A of chapter 504 of the laws of 2009, amending the retire-
ment and social security law relating to establishing police and fire
retirement provisions, is amended by adding a new section 8-a to read as
follows:
S 8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY ANY
MEMBER OF THE NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM WHO
BECAME A MEMBER ON OR AFTER JULY 1, 2009 AND BEFORE JANUARY 10, 2010 MAY
JOIN A SPECIAL RETIREMENT PLAN OPEN TO HIM OR HER PURSUANT TO A COLLEC-
TIVELY NEGOTIATED AGREEMENT WITH ANY STATE OR LOCAL GOVERNMENT EMPLOYER,
WHERE SUCH AGREEMENT WAS UNEXPIRED OR EXPIRED BUT CONTINUED PURSUANT TO
SECTION TWO HUNDRED NINE OF THE CIVIL SERVICE LAW ON OR AFTER JULY 1,
2009 AND BEFORE JANUARY 10, 2010.
S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant that an individual who became a Tier 3 or a Tier
5 member of the New York State and Local Police and Fire Retirement
System (PFRS) and whose employer has elected to provide the provisions
of Section 384-d, and who is not subject to a collective bargaining
agreement, would no longer be required to make mandatory employee
contributions.
This bill would also allow a small number of individuals who became
members of the PFRS on or after July 1, 2009 and before January 9, 2010
and who did not timely file an application to become covered under the
provisions of Section 384-d within the one year required filing period
to file for such coverage.
Further, this bill would amend Chapter 604 of the Laws of 2009 to
allow an individual who became a member of PFRS on or after July 1, 2009
and before January 10, 2010 to join a special retirement plan open to
him or her pursuant to a collective bargaining agreement in effect on or
after July 1, 2009 and before January 10, 2010. Such members who elect
coverage under Article 22 of the Retirement and Social Security Law will
not be required to make employee contributions.
If this bill is enacted, we anticipate that the employers of such
members who are covered under PFRS special retirement contributory plans
would see an increase in their annual contributions for the fiscal year
ending March 31, 2014 of approximately 4.4% of the annual salaries.
In addition to these costs, there would be future annual costs which
would be borne by any employer of a member who would become eligible to
file for Section 384-d coverage. These costs would depend on the current
plan coverage and salaries of affected members. There would also be a
past service cost for each such member, which would depend on the age,
service, salary and plan coverage of the member. These past service
costs would be borne by all the employers in the PFRS.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASS Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.

S. 5091 3
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 7, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note No. 2013-44, prepared by
the Actuary for the New York State and Local Police and Fire Retirement
System.

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